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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A94220 Plenary possession makes a lawfull power: or Subjection to powers that are in being proved to be lawfull and necessary, in a sermon / preached before the judges in Exeter March 23. 1650. By Richard Saunders, preacher of the Gospel at Kentisbeer in Devon. Saunders, Richard, d. 1692. 1651 (1651) Wing S756; Thomason E638_5; ESTC R203482 25,884 32

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will finde more anon in the clearing of what is yet behind 2. Powers then are when they give Laws to the people and the people receive Law from them This is a most visible and undoubted symtome of the Life and Being of a Governing Power When we see this we may say a Government is or a Power is as safe as we may say there is life where we see breathing The administration of Law is the very soul and breath of a body Politick and it can no more be without it than a naturall body can live without breath and without a soul And are not such then to be accounted Powers in Being unto a people as do give under God life and breathing to them in a politicall sense 3. And lastly Then Powers may be sayd to be most undoubtedly and unquestionably when the people or the greatest part of them have by any means consented to them as Rulers and Governours over them 1. I say When the people or the greatest part of the people have consented For what is an act of the major part of the people is taken for the whole 2. I say When they have by any means consented upon this account Because though their consent or choice be not voluntary elicitivè but subjectivè only as the Schoolmen distinguish it is enough That is though it be not drawn forth by the will as the first and sole productive principle of it Yet il it be with the will moved and acted by some necessity apprehended or the like this is sufficient to make it voluntary and so valid yea and fully as voluntary as any people have been in choosing or consenting to their Kings or Princes I cannot conceive any thing more that can be added as necessary to the being of an authority To say as I have heard some do that time or duration gives or may give a being to the lawfulnesse of a supreme Power seems to me very irrationall for as sayes Grotius Tempus suapte natura vim nullam effectricem habet Nilenim fit à tempore quanquam nihil non fit in tempore Time makes nothing to be though every thing be made in time The duration or continuance of things cannot make them to be what they are not in themselves Quod ab initio vitiosum est c. saies * Quod ab initio vitiosum est non potest tractu temporis convalescere Ulp. L. 29. Vlpian That which is vitious in its rise cannot become valid by its continuance 'T is true Prescription and Custome make things to be deemed right which might not be so in themselves originally And yet I hope 't is not Time or Duration that is the ground of this right but a presumption of right still to have been because the same never known to be questioned For lapse of time undoubtedly cannot change the morality of a thing so as that that which is unjust should become just by continuance Time may alter the quality of actions or things à minore ad majus that is so as to make that which is evill to become more evill or that which is good to become better This tract of time may do but that a thing that is unlawfull as a Civill Power should become lawfull by continuance seems to me a Paradox Surely this seems to me to be the judgment of such as are not willing to joyn hands with any Supreme Power that comes in upon the change of Government till time hath worn out all danger of adhering to the same and till the Power hath out-lived in likelihood the hazard of shaking Surely 't is not becomming Christians to suspend their obedience unto a Divine Rule upon such a carnall ground But I passe to the last Question and that is this Quest 4 How the Powers that be are said to be Ordained of God Sol. I answer Things are said to be of God or to be ordained of God in a twofold sense viz. Either by manifest will and command or by secret providence The one I call a Preceptive ordination the other Providentiall 1. Such are ordained by God to rule by manifest will or preceptive ordination as are by God himself nominated and commanded to be set up over the people by expresse word as were the Kings of Israel When Israel would have a King according to the mode of the Nations round about them the Lord points out by expresse word who it should be and then who should be his successour c. But any such way of ordaining Rulers in a State I hope we may not expect or look for now because such appearances of God as then were are ceased We have no Prophets to whom God now speaks as of old Go Annoint such a person King Go tell the people such a Person or such a Family will I have to reign over them he doth not ordain any then now after this first way by manifest will or expresse word 2. Now in the second place as for Gods Providentiall ordaining of Rulers or Powers such are Powers ordained of God into whose hands Providence hath cast Authority and Dominion Such as Providence hath placed in eminency This is the way after which all Rulers and Powers in the earth are now established and fixed by God And 't is that which Paul means in the Text and makes the reason of Christian subjection Doth not Scripture speak of that Soveraignty that the Lord makes use of in disposing of the Empires of this world See Dan. 2.21 And he changes the times and the seasons he removeth Kings and setteth up Kings And Chap. 4.17 The most high ruleth in the Kingdom of men and giveth it to whomsoever he will and setteth up over it the lowest or humblest of men as the word * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Humilis submissus signifies And again Jer. 27.5 I have made the earth the man and the beast that are upon the ground by my great power and by mine out-stretched arme and have given it to whom it seemed meet unto me And the Psalmist speaks to the same purpose Psal 75.6 7. Promotion cometh neither from the East nor from the West nor from the South But God is the judge he putteth downe one and setteth up another The Lord ownes these changes to be from himselfe not by permission onely as you see but by divine disposition and ordination viz. Providentiall So that t is enough to satisfie us touching a Power that t is ordained of God when Providence hath set it up Neither am I alone in this T is that which the learned and judicious agree to As Calvine speaking on these words There is no power but is of God sayes (a) Ratio cur debeamus esse subjecti Magistratibus est quod Dei ordinatione sunt constituti Quod si ita placet Domino mundum gubernare Dei ordinem invertere nititur adeoque Deo ipsi resistit quisquis potestatem aspernatur quando ejus qui juris politici author